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What happens to H1B after moving to Canada?

Almostsummer

Full Member
Apr 1, 2019
22
2
Hello, for those of you who have done all of (i), (ii), and (iii) below, could you please share your experience or some insights for the following questions?

(i) moved to Canada and stayed there for 3+ consecutive years without visiting the U.S. during this time
(ii) by the time you moved to Canada, you had already been on H-1B for 6+ years with an approved I-140 for EB2 (employer sponsored, not NIW)
(iii) returned to the US to work for US employers after staying in Canada for 3+ consecutive years

Questions:

1. If you were still working remotely for US employers when you were in Canada:
1a) did your H-1B remain valid during this time?
1b) if H-1B doesn't remain valid unless you do something to maintain it, what're the policies and minimum requirements?

2. If you lost your H-1B when you were in Canada (e.g., if you no longer work for US companies), and later got an offer from a different US company and returned to the US:
2a) was your new US employer able to apply for H1B on your behalf using your approved I-140?
2b) if you answer 'yes' to (2a), did you need to go through the H1B lottery again?
 

Rawhide

Hero Member
Nov 11, 2017
204
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018
Hello, for those of you who have done all of (i), (ii), and (iii) below, could you please share your experience or some insights for the following questions?

(i) moved to Canada and stayed there for 3+ consecutive years without visiting the U.S. during this time - I did visit every few months or sometime few times in a month
(ii) by the time you moved to Canada, you had already been on H-1B for 6+ years with an approved I-140 for EB2 (employer sponsored, not NIW) - Yes,
(iii) returned to the US to work for US employers after staying in Canada for 3+ consecutive years - in process of returning.

Questions:

1. If you were still working remotely for US employers when you were in Canada:
1a) did your H-1B remain valid during this time? - yes - in fact I got H1B extension, change the jobs with new H1B employer.
1b) if H-1B doesn't remain valid unless you do something to maintain it, what're the policies and minimum requirements?

2. If you lost your H-1B when you were in Canada (e.g., if you no longer work for US companies), and later got an offer from a different US company and returned to the US:
2a) was your new US employer able to apply for H1B on your behalf using your approved I-140? - Yes I change job on basis of 140 and H1B approval beyond 6 years
2b) if you answer 'yes' to (2a), did you need to go through the H1B lottery again? No
 

Rawhide

Hero Member
Nov 11, 2017
204
68
USA
Category........
FSW
App. Filed.......
20-02-2018
Med's Done....
16-02-2018

Hello, for those of you who have done all of (i), (ii), and (iii) below, could you please share your experience or some insights for the following questions?

(i) moved to Canada and stayed there for 3+ consecutive years without visiting the U.S. during this time - I did visit every few months or sometime few times in a month
(ii) by the time you moved to Canada, you had already been on H-1B for 6+ years with an approved I-140 for EB2 (employer sponsored, not NIW) - Yes,
(iii) returned to the US to work for US employers after staying in Canada for 3+ consecutive years - in process of returning.

Questions:

1. If you were still working remotely for US employers when you were in Canada:
1a) did your H-1B remain valid during this time? - yes - in fact I got H1B extension, change the jobs with new H1B employer.
1b) if H-1B doesn't remain valid unless you do something to maintain it, what're the policies and minimum requirements?

2. If you lost your H-1B when you were in Canada (e.g., if you no longer work for US companies), and later got an offer from a different US company and returned to the US:
2a) was your new US employer able to apply for H1B on your behalf using your approved I-140? - Yes I change job on basis of 140 and H1B approval beyond 6 years
2b) if you answer 'yes' to (2a), did you need to go through the H1B lottery again? No